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Document 62021TN0586
Case T-586/21: Action brought on 12 September 2021 — Swords v Commission
Case T-586/21: Action brought on 12 September 2021 — Swords v Commission
Case T-586/21: Action brought on 12 September 2021 — Swords v Commission
OJ C 490, 6.12.2021, p. 48–49
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
6.12.2021 |
EN |
Official Journal of the European Union |
C 490/48 |
Action brought on 12 September 2021 — Swords v Commission
(Case T-586/21)
(2021/C 490/58)
Language of the case: English
Parties
Applicant: Patrick Swords (Dublin, Ireland) (represented by: G. Byrne, Barrister-at-Law)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
— |
annul the implied decision of the Commission dated 13 July 2021 refusing to grant access to documentation requested by the applicant; (1) |
— |
order the defendant to pay costs to the applicant. |
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1. |
First plea in law, alleging that, in refusing access to the documentation requested, the Commission has infringed the third indent of Article 4(2) of Regulation No 1049/2001. (2)
|
2. |
Second plea in law, alleging that if, the exception claimed by the Commission was applicable, the Commission erred in failing to recognise that the applicant’s request arose in exceptional circumstances, and erred in holding that there was no overriding public interest in disclosure of the requested information. Thus, the applicant claims that the Commission’s decision constitutes an infringement of the last sentence of the third indent of Article 4(2) of Regulation No 1049/2001.
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(1) Editorial note: the documents to which the applicant seeks access are those received by the European Commission from Ireland in relation to the supposed benefits to public health resulting from the inter-EU travel restrictions in place since the beginning of the COVID-19 pandemic.
(2) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).